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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Sale of Goods Act I have purchased goods online in August

Resolved Question:

Sale of Goods Act
I have purchased goods online in August with an expected delivery in September. I purchased towels as part of a set (2 hand towels and 2 bath towels).
The retailer has sent the order in parts (2 hand towels came without the bath towels and advised that the bath towels would be delivered in due course when they had more stock). That was in October which was already over a month late. I waited and waited and chased them again yesterday. They then cancelled the order for the bath towels and refunded me that part of the money. I responded to them and asked why they did not reply to me and cancelled the order when I did not request for this. They have now advised that they cannot get the stock.
I am now left with 2 hand towels that I have paid for that I may not be able to get matching bath towels for elsewhere. I have already washed the hand towels ready for use when they were received in October as I was not advised at that time that the bath towels would take so long to come and end up being unfulfilled.
I want the retailer to refund me for the price I paid for the hand towels as now the order is part unfulfilled and I will have extra expense to purchase a new set elsewhere in order to get an exact colour match.
Do I have any rights under the Sale of Goods Act or any other law to ask for my money back on the hand towels?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how much are you owed?
Customer: replied 1 year ago.

£10 for the hand towels.

It is more about the principle of the way they have treated me rather than the money.

Expert:  Ben Jones replied 1 year ago.
So the towels were sold together as a set rather than two separate orders?
Customer: replied 1 year ago.

I bought everything in one order:

2 brown hand towels

2 brown bath towels

2 grey hand towels

2 grey bath towels

I paid one amount for one order. They then sent things out in separate deliveries, 2 hand towels, then 2 hand towels and recently the brown bath towels. The whole thing has been extremely frustrating as their delivery dates just kept changing later and later.

Expert:  Ben Jones replied 1 year ago.
Thank you but I need to know if the towels were all advertised as separate items, where you had to add them one by one to our order, or if they were sold as a set, all advertised together?
Customer: replied 1 year ago.

They were one by one

Expert:  Ben Jones replied 1 year ago.
If it was sold as a set and you have now had part of the order cancelled then you may indeed try and argue that the item was not as described and that you should be given a refund. However, if they were sold one by one then there is no breach I’m afraid. The delivery of one order does not depend on the delivery of another – each type would have been sold separately and there would have been no requirement on them to fulfil the remaining part of the order. So you cannot claim that there is a breach of the SGA. If they have not been able to send you one of the items then they would obviously have to refund you but it does not mean that they will also have to do the same with the remaining items – they are all treated separately and sold separately. You may still go through their full complaints procedure if necessary. I know you are working on the base of principle but be aware that if they refuse to refund you then you can only go to court next and for £10 and with a weak case I would not recommend it so be prepared to potentially have to accept that you may not get a refund as going to court will not be economical and certainly not worth it for £10. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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